Did you Ban the Box?
Still asking applicants about their criminal background? Be sure you comply with Illinois and Chicago’s updated “Ban the Box” laws.
The Illinois Job Opportunities for Qualified Applicants Act, went into effect on January 1, 2015 and prohibits private employers with 15 or more employees, from asking about, requiring disclosure of, or considering an applicant’s criminal history, until the employer/employment agency has decided that the applicant is qualified for the job and has notified the applicant of his or her selection for an interview or – if there is no interview – until a conditional job offer has been made.
Some exceptions exist. These restrictions do not apply if: (1) employers must exclude applicants with certain criminal convictions from an applied-for position under federal or Illinois law (in which case the employer may notify applicants in writing of the specific disqualifying offenses); (2) a standard fidelity or equivalent bond is required, and an applicant’s conviction of one or more specific offenses would disqualify him or her from obtaining such a bond (in which case the employer may ask the applicant if he or she has been convicted of any such offenses); or (3) the position is one that requires licensing under the Emergency Medical Services Systems Act.
The Illinois Department of Labor can investigate any alleged violations and impose civil penalties ranging from a written warning, for a first violation, up to $1,500 for a repeated violation or a failure to remedy an earlier violation. The law does not allow applicants themselves to sue.
In addition to the state law, Chicago has passed Ordinance No O2014-8347. This ordinance amends Chapter 2-160 of the Municipal Code regarding employment discrimination and goes beyond Illinois’ Job Opportunities for Qualified Applicants Act.
The legislation states that employers that are not subject to the Illinois Job Opportunities for Qualified Applicants Act, may not inquire about or into, consider, or require disclosure of an applicant’s criminal record or criminal history until after the applicant has been determined qualified for the relevant position and notified that he/she has been selected for an interview, or, if there is no interview, until after a conditional offer of employment is extended to the applicant. This does not prohibit providing written notice of specific offenses that will disqualify the applicant from employment in a particular position.
If any employer, including one subject to the Illinois Job Opportunities for Qualified Applicants Act, makes a decision not to hire an applicant based entirely or partially on the applicant’s criminal record or history, the employer shall inform the applicant of this basis at the time he/she is informed of the decision.
Should you have any questions about whether your application form or process complies with the new legislation or any other law that may affect the operation of your business, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Business Immigration, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.
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